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CHAPTER 2—PUBLIC ACCESS AND RECREATION A. Introduction The City of Solana Beach offers a variety of visitor serving and recreation facilities, including public beach areas, parks, commercial areas, and golf courses. These facilities are addressing both local and regional needs, as do other facilities adjacent to Solana Beach including San Elijo Lagoon to the north, San Dieguito County Park to the east, and the Del Mar Fairgrounds and San Dieguito Lagoon to the south. Much of the San Dieguito Lagoon lies within the San Dieguito River Valley Regional Open Space Park (San Dieguito River Park). Visitor serving and recreation facilities in Solana Beach include beach and bluff areas, such as Fletcher Cove and Tide Park, as well as the full 1.7 mile stretch of public beach. Other public parks include La Colonia Park and the Holmwood Canyon Ecological Preserve overlooking San Elijo Lagoon. A number of public school sites, such as Skyline Elementary, Solana Vista Elementary and Earl Warren Junior High also provide active recreational facilities. Local golf courses include the Lomas Santa Fe Executive Golf Course (public) and the Lomas Santa Fe Country Club Golf Course (private). As part of the North County Transit District (NCTD) railroad grade separation project, a Coastal Rail Trail has been constructed west of the railroad tracks adjacent to Highway 101. The Coastal Rail Trail includes: (1) a multi-use pathway and separate jogging path; (2) pedestrian/bicycle bridges over the grade-separated rail line; (3) interpretive signing and public art; (4) low-glare lighting; (5) drought resistant landscaping; (6) bus stops; and (7) Transit Station access to railway service providers including Amtrak and Metrolink. The Transit Station provides an accessible route of travel that is within one quarter mile to Fletcher Cove Park, overlooking the beach and Pacific Ocean. There are accessible public restrooms at Fletcher Cove Park, a basketball court, picnic area and also accessible public parking at the park. The City has a system of public parks and recreational facilities that encompass a range of activities for people of all ages, physical conditions, and incomes. Some of the lands are environmentally sensitive and are unimproved natural areas, such as Holmwood Canyon Ecological Preserve, while other open space recreation (OSR) lands provide active recreation opportunities, such as Lomas Santa Fe Executive Golf Course and Fletcher Cove. These facilities offer golf, tennis, swimming, surfing, basketball, jogging/hiking, and multi-purpose playing fields. The San Dieguito Boys and Girls Club on Lomas Santa Fe Drive provides swimming and basketball facilities, while the Santa Fe Christian School offers recreational sports fields and a gymnasium. The peak season for the recreational use of the Solana Beach shoreline by residents and visitors occurs between Memorial Day and Labor Day each year. Recreational facilities in the area include beach areas such as Fletcher Cove and Tide Park in the northern part of the City. The 1.7 mile stretch of shoreline also provides recreational space for running, walking, beach combing, sunbathing and a variety of other recreational activities. The entire coast of Solana Beach is also used for surfing and some of the favorite spots include Table Tops (north of Tide Park), Pill Box (immediately north of Fletcher Cove), Chapter 2 – Public Access and Recreation City of Solana Beach Local Coastal Program Land Use Plan Page 1 of 31

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Page 1: CHAPTER 2—PUBLIC ACCESS AND RECREATIONsolana-beach.hdso.net/LCPLUP/LCPLUP-Chapter2.pdfNorth Solana Hills Drive (Exhibit 2-1.) Public parking for beach users is available at numerous

CHAPTER 2—PUBLIC ACCESS AND RECREATION

A. Introduction

The City of Solana Beach offers a variety of visitor serving and recreation facilities, including public beach areas, parks, commercial areas, and golf courses. These facilities are addressing both local and regional needs, as do other facilities adjacent to Solana Beach including San Elijo Lagoon to the north, San Dieguito County Park to the east, and the Del Mar Fairgrounds and San Dieguito Lagoon to the south. Much of the San Dieguito Lagoon lies within the San Dieguito River Valley Regional Open Space Park (San Dieguito River Park).

Visitor serving and recreation facilities in Solana Beach include beach and bluff areas, such as Fletcher Cove and Tide Park, as well as the full 1.7 mile stretch of public beach. Other public parks include La Colonia Park and the Holmwood Canyon Ecological Preserve overlooking San Elijo Lagoon. A number of public school sites, such as Skyline Elementary, Solana Vista Elementary and Earl Warren Junior High also provide active recreational facilities. Local golf courses include the Lomas Santa Fe Executive Golf Course (public) and the Lomas Santa Fe Country Club Golf Course (private). As part of the North County Transit District (NCTD) railroad grade separation project, a Coastal Rail Trail has been constructed west of the railroad tracks adjacent to Highway 101. The Coastal Rail Trail includes: (1) a multi-use pathway and separate jogging path; (2) pedestrian/bicycle bridges over the grade-separated rail line; (3) interpretive signing and public art; (4) low-glare lighting; (5) drought resistant landscaping; (6) bus stops; and (7) Transit Station access to railway service providers including Amtrak and Metrolink. The Transit Station provides an accessible route of travel that is within one quarter mile to Fletcher Cove Park, overlooking the beach and Pacific Ocean. There are accessible public restrooms at Fletcher Cove Park, a basketball court, picnic area and also accessible public parking at the park.

The City has a system of public parks and recreational facilities that encompass a range of activities for people of all ages, physical conditions, and incomes. Some of the lands are environmentally sensitive and are unimproved natural areas, such as Holmwood Canyon Ecological Preserve, while other open space recreation (OSR) lands provide active recreation opportunities, such as Lomas Santa Fe Executive Golf Course and Fletcher Cove. These facilities offer golf, tennis, swimming, surfing, basketball, jogging/hiking, and multi-purpose playing fields. The San Dieguito Boys and Girls Club on Lomas Santa Fe Drive provides swimming and basketball facilities, while the Santa Fe Christian School offers recreational sports fields and a gymnasium.

The peak season for the recreational use of the Solana Beach shoreline by residents and visitors occurs between Memorial Day and Labor Day each year. Recreational facilities in the area include beach areas such as Fletcher Cove and Tide Park in the northern part of the City. The 1.7 mile stretch of shoreline also provides recreational space for running, walking, beach combing, sunbathing and a variety of other recreational activities. The entire coast of Solana Beach is also used for surfing and some of the favorite spots include Table Tops (north of Tide Park), Pill Box (immediately north of Fletcher Cove),

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Cherry Hill (south of Fletcher Cove), Rock Pile (Del Mar Shores Beach), and Secrets (south of the Del Mar Shores private access stairs).

Coastal public access in Solana Beach is provided primarily by Highway 101/Pacific Coast Highway, I-5, the NCTD/Amtrak rail line and Transit Station, and Lomas Santa Fe Drive. Public transit service to Solana Beach is provided by the NCTD by bus, commuter train (the Coaster), and by Amtrak. Bicycle and pedestrian routes including the California Coastal Trail, along Highway 101 also offer access to the Solana Beach shoreline. Additional public pedestrian access to the beach is provided as noted in Chapter 1.

The shoreline in Solana Beach, as well as the rest of the San Diego County coastline is actively eroding due to a deficit in the sediment budget. Well-documented sediment budgets have been prepared by SANDAG and the California Coastal Sediment Management Master Plan that show that beaches throughout San Diego County are eroding. Sandy coastal sediment is not delivered to the shoreline in the amounts historically yielded from watersheds due to flood control activities and urbanization. As such, the volume of sand within the active zone of sand movement and deposition, termed the “littoral cell,” is progressively decreasing and beaches are narrowing. Narrower beaches do not provide shoreline protection that wider beaches do. The result has been chronic bluff failure conditions throughout north San Diego County, increasing property damage and hazards to public safety, and a response in the form of construction of shore protection devices. This condition of narrowing beaches has also reduced the recreational opportunities available to beach-goers throughout the San Diego region, and decreased the productivity of certain biological habitats dependent on sand.

In 1993, SANDAG adopted the Regional Shoreline Preservation Strategy (SPS) representing a long-term vision for restoring the region’s public beaches. Solana Beach has been a steadfast supporter and key stakeholder in helping to implement this strategy. The SPS proposes a long term extensive beach building and maintenance program for the critical shoreline erosion areas in the region and includes sand nourishment, sand retention structures, protective structures, and policies and regulations regarding the use of the shoreline and development. Many of the LUP policies are designed to be consistent with, and assist in implementing the SPS. The SPS establishes regional objectives, policies, and recommendations for implementing a coordinated list of solutions for each of the region’s problem shoreline areas. The strategy’s main objectives are to manage the region’s shoreline to enhance environmental quality, recreation, and property protection; develop and carry out a cost-effective combination of shoreline management tactics that will have a positive impact on the region’s economy. SANDAG is also working on a voter initiative (Quality of Life) to develop a program to fund the shoreline management strategy within the region, which equitably allocates costs throughout the region, and among local, state, and federal sources; and, obtain commitments to implement the SPS.

In the City of Solana Beach there are eight vertical access points (Exhibit 2-1) that provide access to the beach below. No additional access points are planned. Four of these vertical access points are public and four are private. Public access points exist at Tide Park,

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Fletcher Cove, SeaScape Sur, and adjacent to Del Mar Shores Terrace. These public access points are located from 1,000 to 2,000 feet of one another and other public access points, such as Cardiff State Beach in Encinitas. Private access points exist at Solana Palisades, Seascape Shores, Seascape I, and at the Del Mar Beach Club. In addition, there is a public view overlook at the border of the Cities of Solana Beach and Del Mar.

Each of the eight coastal access-ways consist of stairs or a ramp. Various public and private access stairs have been undermined at times by wave attack and storm damage. The City repairs and maintains the public access points as part of an ongoing operations and maintenance program. No unauthorized or uncontrolled access-ways exist within the City.

In Solana Beach, due to the narrow beaches, lateral beach access is limited during high tides, Pedestrian access on the California Coastal Trail is replaced by the Coastal Rail Trail along Pacific Coast Highway/Highway 101 as shown in Exhibit 2-1 during high tides.

Nearby lateral beach access is also available immediately north of the City at Cardiff State Beach in Encinitas and from the south within the City of Del Mar near the mouth of the San Dieguito Lagoon. Due to the narrow beaches in the City, lateral beach access is often discontinuous even at low tide along the shoreline. Lateral access along the top of the bluff is not available due to the presence of private property, fragile bluffs and steep bluff faces. Public access to the top of the bluff, providing views of the ocean, are provided in three locations in the City including the overlook at Ocean Street/Pacific Avenue and at the Surfsong and Las Brisas residential developments located south of Fletcher Cove. In addition, a new public view corridor and seating area was created in 2009 at the western terminus of Ocean Street adjacent to the intersection of West Circle Drive/Pacific Avenue and Ocean Street.

The San Elijo Lagoon County Park Ecological Reserve is approximately 1,000 acre nature reserve on the northern border of the City. It is collectively owned and managed by the State of California (managed by the California Department of Fish and Game), the County of San Diego (managed by the County Department of Parks & Recreation), and the San Elijo Lagoon Conservancy. The California Department of Fish and Game (CDFG) generally owns lands in the San Elijo Lagoon west of I-5 and the County of San Diego generally owns lands east of I-5, with the San Elijo Lagoon Conservancy owning smaller areas west of I-5.

The San Elijo Lagoon is a coastal wetland with significant biological and ecological resources. The San Elijo Lagoon Restoration Project (SELRP) is an effort to restore the lagoon functions and ecological values. The SELRP aims to enhance the tidal prism of the lagoon by proposing modifications to known “choke points” such as Highway 101, the NCTD railroad, and the I-5 freeway. The approximate target construction start date of the SELRP is the year 2015. The overarching goal of the SELRP is to protect, restore, and maintain, the San Elijo Lagoon ecosystem and hydrology adjacent uplands to perpetuate native flora and fauna characteristics of southern California.

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The City’s San Elijo Lagoon access points provide public coastal access and recreation opportunities in the City, and are as important to coastal access as shoreline access-ways. San Elijo Lagoon trailhead access points are shown on Exhibit 2-1. There are seven public San Elijo Lagoon trailheads in the City. The four west of I-5 are located at the terminus of Rios Avenue, the terminus North Solana Hills Drive, on Holmwood Land, and at the terminus of Canyon Drive, where it meets Ridgeline Place. East of I-5, there are public access points to the Lagoon at Santa Inez, Santa Carina, and Santa Helena and North Solana Hills Drive (Exhibit 2-1.)

Public parking for beach users is available at numerous parking lots and in on-street locations between Highway 101 and the shoreline. Over 2,060 City-maintained parking spaces currently exist as shown in Table 2-1. Exhibit 2-2 provides a map with the location of all public parking spaces available for beach users from Cedros Avenue west to the Pacific Ocean.

In general, adequate parking is available to serve existing coastal access and recreation uses. The LUP contains a provision that existing public parking areas serving recreational uses shall not be displaced unless a comparable replacement area is provided. As feasible, new non-visitor serving office or commercial development should provide public parking for beach access during weekends and holidays.

New development must not adversely impact the availability of public access and recreation in Solana Beach, unless authorized by law and adequately mitigated. These opportunities include not only the physical availability of access and recreation areas, but also the ability of the public to reach and utilize the beach and lagoon trails. Support facilities such as parking lots, restrooms, picnic areas, and the provision of transit opportunities also contribute to ensuring maximum coastal access, and should be provided and maintained.

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EXISTING PUBLIC PARKING AVAILABLE FOR BEACH USERS PUBLIC PARKING LOTS AND SPACES

TABLE 2-1 Lot # Description Spaces 1 Transit Station 319

2 Plaza Street North 24

3 Plaza Street South 23

4 Fletcher Cove 33

5 Distillery 82

6 423 South Sierra Avenue 37

7 535 South Sierra Avenue 31

8 City Hall 66

9 Del Mar Shores North 20

10 Del Mar Shores South 21

11 740 South Sierra Avenue 20

SUB TOTAL 676

ON STREET PARKING SPACES 1,384

TOTAL AVAILABLE PUBLIC PARKING SPACES 2,060

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CHAPTER 2—PUBLIC ACCESS AND RECREATION

1. Coastal Act Provisions

A broad policy goal of California’s Coastal Management Program is to maximize the provision of coastal access and recreation consistent with the protection of public rights, private property rights, and coastal resources as required by the California Constitution and provided in Section 30210 of the Coastal Act. Several additional policies contained in the Coastal Act, which are herein incorporated into the LUP, work together to meet this objective. The Coastal Act requires that development not interfere with the public right of access to the sea (Section 30211); provides for public access in new development projects with limited exceptions (Section 30212); encourages the provision of lower cost visitor and recreational facilities (Section 30213); addresses the need to regulate the time, place, and manner of public access (30214); specifies the need to protect ocean front land suitable for recreational use (Section 30221); gives priority to the use of land suitable for visitor serving recreational facilities over certain other uses (Section 30222); requires the protection of upland areas to support coastal recreation, where feasible (Section 30223); and encourages recreational boating use of coastal waters (Section 30224).

2. Land Use Plan Provisions

The intent and overarching goal of the policies listed below is to ensure that the LCP/LUP provides for the protection, provision, and enhancement of coastal public access and recreation of opportunities in the City of Solana Beach consistent with goals, objectives, and policies of the California Coastal Act.

The policies contained in the LCP/LUP are intended to carry out the goals and objectives reflected in the policies of the Coastal Act. These policies can be broadly summarized as follows:

Improving existing public access opportunities by supporting proposals to enhance access-ways; Providing objectives, standards, and designated sites for locating visitor serving recreational facilities and commercial uses such as hotels and motels; Development of an enhanced signage program to better identify public access and use opportunities; Identifying and seeking removal of any unauthorized physical development, including signs and fences on the beach, which inhibit public use of public beach areas and state tidelands, as well as those that physically encroach into state tidelands; Protecting existing and improving future parking availability near the shoreline and trail access-ways throughout the City; Coordinating with the CCC to implement public recreation impact mitigation measures by coordinating with other public agencies and private associations to ensure that access is not impeded; Promoting use of the Coastal Rail Trail and California Coastal Trail in the City.

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The shoreline, parklands, beaches and trails located within the City provide a range of recreational opportunities in natural settings which include hiking, bicycling, educational study, picnicking, and coastal access. These recreational opportunities are to be protected, and where feasible, expanded or enhanced.

Any new development in the City must be sited and designed to minimize impacts to public access and recreation along the shoreline and trails. Public land, including rights of way, easements, and dedications, are to be utilized for public recreation or access purposes, where appropriate and consistent with the LCP, public safety, and the protection of Environmentally Sensitive Habitat Areas (ESHA).

The City should actively pursue the transfer to the City, or other appropriate agency, outstanding offers to dedicate public easements provided in the context of previously-approved CDPs where such public easements would improve coastal access.

Recreation and access opportunities at existing public beaches and parks are protected, and where feasible, enhanced as an important coastal resource. Public beaches and parks maintain no parking fees, and maximize hours of use to the extent feasible, in order to provide public access and recreation opportunities. Limitations on time of use or increases in parking fees, which affect the intensity of use, shall be subject to a CDP.

The coastal bluffs in Solana Beach represent a significant physical barrier to providing additional public access to the shoreline. Continued maintenance and improvement of the eight existing public access points are needed to ensure that safe access and recreational opportunities continue to be provided in the City. Maintaining multiple public access points to the coast are necessary to provide sufficient access to meet demand and to avoid over-utilization of any one access point. It is the goal of the City to promote, enhance and maintain safe public access to the beach while minimizing the physical and visual impact to bluffs from private access trails and stairways.

Maintaining as much continuous lateral access as possible for the public at sea level is important so that those using the beach can safely move back and forth along the shoreline. Lateral access along bluff tops is currently limited north and south of the Fletcher Cove Community Center due to the existence of private development. Adjacent to, and south of Fletcher Cove, public access easements exist allowing public access across Las Brisas Condominiums and portions of Surfsong Condominiums. The bluffs are owned by the City of Solana Beach, State of California or private parties.

Under these circumstances, maintaining safe lateral sea level beach access along the City shoreline is important. Bluff retention devices prevent sudden episodic deposits of sandstone and sand on the beach (some of which have resulted in injury or death in San Diego County). However, some bluff retention devices may encroach onto public beach areas that would have been otherwise available for lateral access and recreation.

This LUP is a planning and policy document and as such does not include an evaluation or analysis of the various sea level rise (SLR) scenarios and possible local implications.

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However, future SLR guidance has been established by the California State Coastal Conservancy (CSCC), U.S. Army Corps of Engineers (USACE), and the State of California. Since establishment of this guidance, projects funded by these entities will be required to incorporate sea-level rise projections in their planning and engineering studies. Future predictions of SLR scenarios including California State Coastal Conservancy Memo (CSCC 2009#), State of California Executive Order S-13-08 (State of California 2008), California Coastal Commission (2001, USACE Engineering Circular No. 1165-211 (2009) suggest a planning criteria ranging from 16 inches to 55 inches by the year 2100. The extreme variation in the future SLR scenarios and predictions is attributable to different greenhouse gas emission scenarios. For instance, the Intergovernmental Panel on Climate Change (IPCC) defines six future scenarios of world population and economy that predict different levels of greenhouse gas emissions and therefore SLR. Most of the agencies that have issued guidance stress that no scenario can be considered more likely than others given the uncertainty that is associated with limitations to current scientific knowledge. Changes to sea level could move the Mean High Tide Line (MHTL) landward, further narrowing the available lateral beach access. Conversely, sand replenishment activities could move the MHTL seaward, expanding lateral beach access and preventing or delaying the need for additional bluff retention devices.

The City of Solana Beach Shoreline and Coastal Bluff Management Strategies Master Environmental Impact Report (MEIR) states in Section 6.0:

“Subsequent projects would have significant long-term impacts to recreation and lateral public access from the construction of seawalls and seacave notch fills and aesthetics from the construction of seawalls. Mitigation measures were developed for aesthetics under this alternative, which, if implemented, would reduce impacts to less than significant levels. Continuous sand replenishment – similar or identical to what is proposed in connection with Alternative 3 - the sand replenishment and retention alternative – would be the only feasible mitigation to reduce impacts to recreation and lateral public access to less than significant levels.”

However, conditions to change over time, and future projects must be evaluated individually to determine the appropriate and feasible mitigation for shoreline protection projects based on any changed physical or regulatory conditions.

Sand Mitigation Fees, as outlined herein, could help to mitigate any sand effect. These fees will be used by the City to help pay for sand replenishment and retention programs. Lateral access will be improved by sustained implementation of long-term beach sand replenishment and sand retention programs to increase beach width.

Historically, the City shoreline consisted of a sandy beach, bounded by the ocean and coastal bluffs that was wider than it is today. Maintenance and expansion of the existing beach width will help to establish a safe distance for the public from unstable bluffs. Bluff retention devices may limit sudden episodic deposits of bluff sand from falling on the beach and close seacaves, which is one method for preventing the public from entering

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into seacaves and other hazardous areas along the bluff face. At the same time, bluff retention devices will have a narrowing effect on beach width because they inhibit passive erosion. However, even without bluff retention devices, due to erosion trends within the Oceanside littoral Cell and upland development activities, there is an inadequate supply of sand in the Oceanside Littoral Cell sufficient to maintain wide beach areas throughout the year. There will eventually be a loss of lateral access along the beach absent significant local and regional sand replenishment and retention efforts.

According to the SANDAG SPS, the sand retention strategies are recognized as one of a number of tactics that can be used to complement the placement of sand on the region’s beaches. Sand retention has the potential to increase the cost effectiveness of beach replenishment activities, and may help to reduce the potential environmental effects of beach filling by protecting sensitive resources such as reefs and lagoons from sedimentation.

B. Coastal Act Policies

The Coastal Act provides the following policy guidance for achieving its objectives related to shoreline access:

Section 30210: Access; recreational opportunities; posting: In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse (Amended by Ch. 1075, Stats 1978).

Section 30211: Development not to interfere with access: Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization; including, but not limited to, the use of dry sand, and rocky coastal beaches to the first line of terrestrial vegetation.

The following subsections address vertical access, lateral access, and parking access in Solana Beach.

The Coastal Act provides the following policy guidance for achieving its objectives related to visitor serving and recreation facilities, including water-oriented recreational activities.

Section 30212: (a) Public access from the nearest public roadway to the shoreline and along the coast

shall be provided in new development projects except where: (1) It is inconsistent with public safety, military security needs, or the protection

of fragile coastal resources, (2) Adequate access exists nearby, or,

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(3) Agriculture would be adversely affected. Dedicated access-way shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the access-way.

(b) For purposes of this section, "new development" does not include: (1) Replacement of any structure pursuant to the provisions of subdivision (g)

of Section 30610. (2) The demolition and reconstruction of a single-family residence; provided,

that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than ten percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.

(3) Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure.

(4) The reconstruction or repair of any seawall; provided, however, that the reconstructed or repaired seawall is not a seaward of the location of the former structure.

(5) Any repair or maintenance activity for which the commission has determined, pursuant to Section 30610, that a coastal development permit will be required unless the commission determines that the activity will have an adverse impact on lateral public access along the beach. As used in this subdivision "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

(c) Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478.1 to 66478.14, inclusive, of the Government Code and by Section 4 of Article X of the California Constitution.

Section 30212.5: Public facilities; distribution: Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area.

Section 30213: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The Commission shall not:

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(1) Require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor serving facility located on either public or private lands; or

(2) Establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.

Section 30214: (a) The public access policies of this article shall be implemented in a manner that

takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following:

(1) Topographic and geologic site characteristics. (2) The capacity of the site to sustain use and at what level of intensity. (3) The appropriateness of limiting public access to the right to pass and re-

pass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses.

(4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter.

(b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public's constitutional right of access pursuant to Section 4 of Article X of the California Constitution. Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constitution.

(c) In carrying out the public access policies of this article, the commission and any other responsible public agency shall consider and encourage the utilization of innovative access management techniques, including, but not limited to, agreements with private organizations which would minimize management costs and encourage the use of volunteer programs.

Section 30220: Protection of certain water-oriented activities: Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses.

Section 30221: Oceanfront land suitable for recreational use shall be protected for recreational use and development, unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area.

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Section 30222: The use of private lands suitable for visitor serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agricultural or coastal-dependent industry.

Section 30223: Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.

Section 30224: Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land.

Section 30252: The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing non-automobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, (5) assuring the potential for public transit for high intensity uses such as high-rise office buildings, and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development.

C. Land Use Plan Policies

1. Parklands, Trails and Bikeways The Solana Beach Transit Station provides a centralized location for those arriving in the city by bus or rail. The shoreline, lodging, entertainment, and shopping opportunities are within walking distance from the Transit Station within the Highway 101 road and rail corridor. Major retail and entertainment opportunities are also available on Lomas Santa Fe Drive on both the west and east sides of its intersection with the I-5 freeway and to the south along Via de la Valle near I-5. Access from the Transit Station is one quarter mile walking distance to the majority of these visitor serving land uses.

Within Solana Beach there are numerous visitor serving commercial facilities including hotels/motels, short-term condominium rentals, restaurants, music venues, and specialty/artisan retail shops, particularly along Highway 101 and in the Cedros Design District. Additional hotels/motels, entertainment attractions, restaurants and related

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enterprises serving the needs of coastal visitors are located in the adjacent cities of Del Mar and San Diego to the south and Encinitas to the north.

There are existing timeshare facilities in the southern portion of the City. In December 2007, the City prohibited further timeshare units in Solana Beach, as codified in Solana Beach Municipal Code (SBMC) Chapter 17.12. The timeshare ban also extended to Condominium and Fractional Ownership hotels.

Policy 2.1: Acknowledge the public interest in eliminating nuisances that affect public and private property and public recreational areas. For example, bluff retention devices are permitted, and must be adequately maintained and kept in good repair.

Policy 2.2: Maintain a safe, wide sandy beach to the extent feasible to increase the general quality of life for the citizens and visitors of Solana Beach. A safe, wide sandy beach enhances recreational opportunities such as surfing, sunbathing, fishing, walking, volleyball, and other such activities. This has beneficial economic impacts to the City, its residents, and businesses by resulting in increased business income, sales taxes, transient occupancy taxes, and public and private property values.

Policy 2.3: The shoreline, parklands, beaches and trails located within the City provide coastal access and a wide range of recreational opportunities in natural settings which include hiking, bird watching, walking, bicycling, educational study and picnicking. These recreational opportunities should be protected, and where feasible, expanded or enhanced as resources of regional, state and national importance.

Policy 2.4: The City shall assure that the recreational needs resulting from any proposed development will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition at three acres per 1000 population, and/or development plans with the provision of onsite recreational facilities to serve new development.

Policy 2.5: Public prescriptive rights may exist in certain areas along the shoreline and trails within the City. Development shall not interfere with the public’s right of access to the sea where acquired through historic use or legislative authorization. These rights will be protected through public acquisition measures or through permit conditions for new development, which incorporate measures to provide or protect access where prescriptive rights exist.

Policy 2.6: Public access-ways and trails are considered resource dependent uses, and may be located within or adjacent to in ESHA where sited to minimize impacts to ESHA. Where determined to be desirable (by consideration of supporting evidence), limited or controlled methods of access and/or mitigation including but not limited to, signage, placement of boardwalks, and limited fencing designed to eliminate or minimize impacts to ESHA shall be utilized. Access-ways to, and along the shoreline shall be sited, designed, and managed to avoid and/or protect marine mammal hauling grounds, seabird nesting and roosting sites, sensitive rocky points and intertidal areas, and coastal dunes.

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Policy 2.7: New development shall be sited and designed to avoid impacts to public access and recreation along the shoreline and trails. If there is no feasible alternative that can eliminate or avoid all access impacts, then the feasible alternative that would result in the least significant adverse impact shall be required. Some impacts may be mitigated through the dedication of an access or trail easement where the project site encompasses an LCP mapped access or trail alignment, where the City, County, State, or other public agency has identified a trail used by the public, or where prescriptive rights exist. Mitigation measures required for impacts to public access and recreational opportunities shall be implemented prior to, or concurrent with construction of the approved development.

Policy 2.8: Mitigation shall not substitute for implementation of a feasible project alternative that would avoid impacts to public access.

Policy 2.9: Public recreational facilities throughout the City, including parking areas or facilities, shall be distributed, as feasible, to prevent overcrowding and to protect ESHA.

Policy 2.10: Public access and recreational planning efforts shall be coordinated with the State Department of Parks and Recreation, San Elijo Lagoon Conservancy, San Dieguito River Park Authority, Cities of Encinitas, Del Mar, San Diego, and the County of San Diego.

Policy 2.11: Volunteers and conservation or public work programs should be utilized where feasible to assist in the development, maintenance, and operation of public access-ways and recreational facilities.

Policy 2.12: Public land, including rights of way, easements, dedications, may be utilized for public recreation or access purposes, where appropriate and consistent with public safety and the protection of ESHA.

Policy 2.13: For any new development adjacent to, or within 100 feet of a public park, beach, trail, or recreation area, notice of proposed developments shall be provided, as applicable, to County of San Diego and the California Department of Parks and Recreation for their review with regard to potential impacts to public access, recreation, environmentally sensitive habitat and any other sensitive environmental resources.

Policy 2.14: Open space easements and dedications should be utilized, where warranted, to facilitate the objectives of the City’s recreational and/or public access program.

Policy 2.15: The City should coordinate with County, State Parks and nonprofit land trusts or organizations to ensure that private land donations and/or public access dedications are accepted and managed for their intended use.

Policy 2.16: Entrance roads, parking facilities, and other necessary support facilities for parks, beaches, trails and other shoreline or coastal recreation areas shall be sited and

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designed to minimize adverse impacts to ESHA and other sensitive environmental and visual resources.

Policy 2.17: Recreation and access opportunities at existing public beaches and parks shall be protected, and where feasible, enhanced as an important coastal resource. Public beaches and parks should maintain lower-cost parking fees (if any), and maximize hours of use to the extent feasible, in order to maximize public access and recreation opportunities. Limitations on time of use or increases in use fees or parking fees, which affect the intensity of use, will require a Coastal Development Permit.

Policy 2.18: The City should coordinate with the California Department of Parks and Recreation, the San Elijo Lagoon Conservancy, Caltrans, and the County of San Diego to provide a comprehensive signage program to identify public parks, trails and access-ways.

Policy 2.19: Temporary events shall minimize impacts to public access, recreation, and coastal resources. A Coastal Development Permit shall be required for temporary events that meet all of the following criteria: (1) held between Memorial Day and Labor Day; (2) occupy any portion of a public sandy beach area; and (3) involve a charge for general public admission where no fee is currently charged for use of the same area. A coastal development permit shall also be required for temporary events that do not meet all of these criteria, but have the potential to result in significant adverse impacts to public access and/or coastal resources.

Policy 2.20: New public beach facilities shall be limited to only those structures which provide or enhance public recreation activities. No development, other than bluff retention devices permitted pursuant to the LUP, may be permitted on sandy public beach areas, except that lifeguard stations, public beach access stairs, trash, and recycling receptacles. Accessible improvements may be permitted when sited and designed to minimize adverse impacts to public access, visual resources, ESHA, and marine resources. Any permitted structures shall be the alternative with the least impact on coastal resources and recreation, the minimum size necessary, and shall provide any necessary mitigation. In general, concessions should be confined to non-sandy areas.

Policy 2.21: The limited development of visitor serving commercial recreational facilities designed to serve beach or park users may be permitted on non-sand, non-parking space areas of public beaches, or beach parks. Developments designed or sized to serve a larger market than park users shall be prohibited in public beaches and parks.

Policy 2.22: Advertising signs and banners shall be prohibited in public beaches and beach parks.

Policy 2.23: The extension of public transit facilities and services, including shuttle programs, to maximize public access and recreation opportunities, shall be encouraged.

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Policy 2.24: New development shall provide off-street parking sufficient to serve the approved use in order to minimize impacts to public street parking available for coastal access and recreation.

Policy 2.25: Adequate parking should be provided to serve coastal access and recreation uses. Existing parking areas serving recreational uses may not be displaced unless a comparable replacement area is provided.

Policy 2.26: The implementation of restrictions on public parking, which would impede or restrict public access to beaches, trails or parklands, (including, but not limited to, the posting of “no parking” signs, red curbing, physical barriers, imposition of maximum parking time periods, and preferential parking programs) shall be prohibited except where such restrictions are needed to protect a documented threat to public safety and where no other feasible alternative exists to provide public safety. Where feasible, an equivalent number of public parking spaces should be provided nearby as mitigation for impacts to coastal access and recreation.

Policy 2.27: Gates, guardhouses, barriers or other structures designed to regulate or restrict access shall not be permitted within private street easements where they have the potential to limit, deter, or prevent public access to the shoreline, inland trails, or parklands where there is substantial evidence that prescriptive rights exist.

Policy 2.28: Parking facilities for new development of general office or commercial use, which may cumulatively impact public access and recreation, should be designed where feasible to serve not only the development during ordinary working hours, but also public beach parking during weekends and holidays, in conjunction with public transit or shuttle buses serving beach recreational areas.

Policy 2.29: A program to utilize existing parking facilities for office and commercial development located near beaches for public access parking during periods of normal beach use when such development is not open for business shall be developed. As feasible, new non-visitor serving office or commercial development may be required to provide public parking for beach access during weekends and holidays.

Policy 2.30: Landscaping and any other barriers or obstructions placed by private landowners shall not be allowed within existing public road rights-of-way where such areas would otherwise be available for public parking.

Policy 2.31: Priority shall be given to the development of visitor serving and commercial recreational facilities designed to enhance public opportunities for coastal recreation. On land planned for visitor serving commercial and/or recreational facilities, priority shall be given to such uses over private residential or general commercial development. New visitor serving uses may not displace existing low-cost visitor serving uses unless an equivalent replacement is provided.

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Policy 2.32: Retention of existing, lower cost visitor serving and recreation facilities, including overnight accommodations, shall be encouraged and lower cost overnight accommodations shall be protected. If removal or conversion of existing lower or moderate cost overnight accommodations is proposed in the City, the inventory shall be replaced with units that are of comparable cost with the existing units to be removed or converted. The City shall proactively work with existing hotel/motel operators and offer incentives to maintain and renovate existing properties.

If replacement of the lower or moderate cost units is not proposed (either on-site or elsewhere in the City), then the new development shall be required to pay, as a condition of approval for a coastal development permit, a mitigation payment to provide significant funding for the establishment of lower cost overnight visitor accommodations within Solana Beach, preferably, or within North San Diego County consistent with Policy 5.8 of the Land Use Plan, for each of the low or moderate units removed/converted on a 1:1 basis. However, the mitigation payment may be adjusted, reduced, or waived if, after one year of non-operation of an existing hotel, it has been determined by the City that development of lower or moderate cost overnight accommodations at the site is financially infeasible, and provided that the City applies and receives approval for a site-specific LCP Amendment for the project in addition to any other required permits.

The City shall maintain an accounting of the number of existing motel and hotel rooms and room rates. When referring to overnight accommodations, lower cost shall be defined by a certain percentage of the statewide average room rate as calculated by the Smith Travel Research website (www.visitcalifornia.com) or other comparable or similar website or study such as www.Calif.AAA.com. A suitable methodology would base the percentage on market conditions in San Diego County for the months of July and August and include the average cost of motels/hotels within five (5) miles of the coast that charge less than the statewide average. High cost would be room rates that are 20% higher than the statewide average, and moderate cost room rates would be between high and low cost. The range of affordability of new and/or replacement hotel/motel development shall be determined as part of the coastal development permit process and monitored as part of the City’s inventory of overnight accommodations.

New lower cost visitor and recreation facilities, including overnight accommodations, shall be encouraged. New hotel/motel development within the City should, where feasible, provide a range of rooms and room prices in order to serve all income ranges. Priority shall be given to developments that include public recreational opportunities. New or expanded facilities shall be sited and designed to avoid impacts to ESHA and visual resources.

Policy 2.33: Coastal recreational and visitor serving uses and opportunities, especially lower and moderate cost opportunities, shall be protected, encouraged, and where feasible, provided by both public and private means. Removal or conversion of existing lower cost opportunities, including overnight accommodations, shall be discouraged unless the use will be replaced with another use offering comparable visitor serving or recreational opportunities.

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Policy 2.34: Priority shall be given to the development of visitor serving commercial and/or recreational uses that complement public recreation areas or supply recreational opportunities not currently available in public parks or beaches. Visitor serving commercial and/or recreational uses may be located near public park and recreation areas only if the scale and intensity of the visitor serving commercial recreational uses is compatible with the character of the nearby parkland and all applicable provisions of the LCP.

Policy 2.35: The use of private or public grants or other local, State and Federal funding sources may be utilized to help finance the construction and maintenance of new access-ways.

Policy 2.36 Shared parking: In all zones, parking facilities may be shared by multiple uses whose activities are not normally conducted during the same hours, or when hours of peak use vary. The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces for shared parking arrangements. Shared parking may be permitted pursuant to a conditional use permit issued by the director of community development or concurrently with another application reviewed by the city council subject to the following minimum conditions:

(a) A sufficient number of spaces (both shared and separate) are provided to meet the greater parking demand of the participating uses.

(b) Satisfactory evidence, as deemed by the hearing authority, has been submitted by the parties operating the shared parking facility, demonstrating that substantial conflict will not exist in the principal hours or periods of peak demand for the uses for which the shared parking is proposed.

(c) Shared parking facilities shall not be located further than 600 feet from any structure or use served, unless it can be shown that increased distances are feasible through use alternative transportation modes such as shuttle services.

(d) A written agreement, covenant, deed restriction or other document as determined necessary by the hearing authority shall be executed by all parties to assure the continued availability of the shared parking spaces for the life of the proposed development or use.

Policy 2.37: The City shall not close, abandon, or render unusable by the public any existing access-ways which the City owns, operates, maintains, or is otherwise responsible for without first obtaining a CDP unless it is determined to be necessary on a temporary basis for public safety. Any access-ways which the City or any other managing agency or organization determines cannot be maintained or operated in a condition suitable for public use shall be offered to another public agency or qualified private association that agrees to open and maintain the access-way for public use.

Policy 2.38: Apply City parking regulations to new projects and redevelopment projects to ensure that the parking demands generated by new development are provided on-site as follows:

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Land Use Number of Spaces Required Residential Uses Single-family dwellings (conventional)

2 parking spaces.

Two-family dwellings, multiple-family dwellings and mobile homes*

Studios 1 space per unit. One bedroom 1.5 spaces per unit. Two or more bedrooms 2 spaces per unit. Additional guest parking 1 uncovered space for each 4 units. *(For rental apartments - a minimum of 50 percent of required parking spaces shall be covered) Mobile home parks 2 covered spaces per unit within an enclosed

garage which may be tandem, and 1 uncovered guest space for each 4 units.

Group residential 1 space for each resident in accordance with total permitted occupancy plus 1 guest space for each 4 residents of permitted occupancy.

Accessory living units 0 space in addition to those required for primary residence.

Caretaker units 1 space in addition to those required for primary use.

Residential day care 2 spaces in addition to those required for primary residence.

Residential care facilities . 1 parking space per employee and one parking space for every 7 beds, unless the director of community development determines that additional parking spaces are required.

Civic/Institutional Uses Religious and civic assembly facilities.** This requirement may be modified pursuant to Policy 2.36, Shared parking

1 space for each 4 fixed seats, or 1 space for each 35 s.f. of non-fixed seating area in the principal sanctuary or auditorium, whichever is greater. 18 inches of bench shall be considered a fixed seat.

**(Parking for accessory uses shall be as required for each use separately) Libraries, cultural exhibits, museums

1 space for each 300 s.f. of gfa.

Hospitals 1.75 spaces for each patient bed, or as determined by conditional use permit.

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Convalescent facilities, sanitariums, nursing homes

1 space for each 4 beds in accordance with the resident capacity of the facility.

Educational institutions, schools Nursery/preschool 1 space for each staff member, plus 1 space for

each 10 children. Elementary/junior high 2 spaces for each classroom. High school 7 spaces for each classroom. Community college/ university 10 spaces for each classroom. Office Uses Office, general Less than 2,000 s.f. 1 space for each 200 s.f. of gfa. 2,001 to 7,500 s.f. 1 space for each 225 s.f. of gfa. 7,501 to 40,000 s.f. 1 space for each 250 s.f. of gfa. 40,001 and greater 1 space for each 300 s.f. of gfa. Offices, medical and dental 1 space for each 200 s.f. for first 2,000 s.f., plus 1

space for each additional 175 s.f. over 2,000 s.f. Offices, real estate sales Same as General Commercial Banks, savings and loans, financial

Same as General Office, plus 1 lane for each drive-up window and/or automatic teller machine with 6 vehicles per lane.

Commercial, General (Retail trade, neighborhood commercial, personal and household services, business services) All multi-tenant commercial centers and all freestanding general commercial uses not listed below

Less than 25,000 s.f. 1 space for each 200 s.f. of gfa. 25,001 to 250,000 s.f. 1 space for each 225 s.f. of gfa. 250,001 and greater 1 space for each 250 s.f. of gfa. Building supply/ furniture/appliance stores

1 space for each 250 s.f. of gfa. of sales floor area, plus 1 space for each 800 s.f. of gfa. of warehouse storage area.

Retail nursery/garden shop 1 space for each 250 s.f. of indoor display area, plus 1 space for each 800 s.f. of outdoor display area.

Art/dance studio 1 space per employee, plus 1 space per two students at maximum capacity.

Barber shop/beauty parlor 1 space per 200 s.f. of gfa.

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Business/professional/ trade schools

1 space per employee, plus 1 space per 2 students at maximum capacity.

Mortuaries and funeral homes 1 space for each 4 fixed seats, or 1 space for each 35 s.f. for non-fixed seating area in the principal sanctuary, whichever is greater.

Automotive Sales and Service Carwash - full service 1 space per every 3 employees on the maximum

shift, plus 400 s.f. of operations parking area for each 20 ft. of conveyer length.

Carwash - self service 2 spaces per stall, plus 2-space queuing lane in front of each stall.

Oil change, lube and tune shops 1 space per service bay, plus 1 space for each employee, plus 2-space queuing lane for each bay.

Vehicle repair/garage 1 space for each 400 s.f. of gfa. Vehicle sales 1 space for each 400 s.f. of gfa. for showroom and

office, plus 1 space for each 2,000 s.f. of outdoor display area, plus 1 space for each 500 s.f. of gfa. for vehicle repair.

Service stations 1 space for each pump island, plus 1 space for each service bay, plus 1 space for each 250 s.f. of convenience store sales area.

Multi-tenant auto-related facilities 1 space for each 200 .s.f. of gfa., plus 1 space for each employee.

Commercial Recreation and Large Assembly Restaurants, cafes, bars, night clubs and other eating and drinking establishments

1 space per 100 s.f. of gfa. (gfa. excludes outdoor seating/eating area approved by the City Council), exempting from parking standards up to four incidental tables and 16 chairs for all retail food establishments and restaurants approved by the City Council. This exemption shall also apply to (a) outdoor tables and chairs proposed in the public right-of-way, and does not apply to (b) uses facing an adjacent residential zone, unless specifically permitted by the City Council as part of a discretionary public hearing permit.

Restaurants with drive-in/ drive-thru facilities

1 space for each 50 s.f. of gfa., plus 1 lane for each drive-up window with stacking space for 6 vehicles before the menu board.

Bowling alley 3 spaces per lane, plus parking required for incidental uses (i.e., pro shop, coffee shop, etc.).

Driving range 1 space per tee, plus parking required for incidental uses.

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Golf course 6 spaces per hole, plus parking required for incidental uses (i.e., pro shop, bar, banquet room).

Miniature golf course 3 spaces per hole, plus parking required for incidental uses (i.e., game room, food service, etc.).

Tennis/racquetball courts 3 spaces per court, plus parking required for incidental uses.

Amusement parks, video arcades, skating rinks

1 space per 200 s.f. of area within enclosed structures, plus 1 space per 3 persons at maximum capacity (may be adjusted at project review).

Health clubs and other indoor participant sports facilities

1 space for each 200 s.f. of gfa.

Hotels and motels 1 space for each guest unit, plus parking requirements for associated commercial uses, plus 1 space for each 50 s.f. of gfa. of main assembly room, plus 1 space for each employee at maximum shift.

Theaters, conference/ meeting facilities, convention halls, auditoriums

1 space for each 4 fixed seats, or 1 space for each 35 s.f. of non-fixed seating area in the principal auditorium or conference space, whichever is greater.

Kiosks 0 spaces for kiosks of 80 s.f. Or less in area and located on private property, no more than 1 per parcel, which does not reduce any existing required parking when approved by the City Council.

Industrial Uses Manufacturing and warehousing, general

Less than 3,000 s.f. 1 space for each 250 s.f. of gfa. 3,001 to 5,000 s.f. 1 space for each 500 s.f. of gfa. 5,001 to 10,000 s.f. 1 space for each 750 s.f. of gfa. 10,0001 to 50,000 s.f. 1 space for each 1,000 s.f. of gfa. 50,001 and greater 1 space for each 1,250 s.f. of gfa. Mini-warehouse/personal storage (minimum aisle width of 24 feet required between buildings)

1 space for each 300 s.f. of gfa. used for office or maintenance purposes, plus 2 spaces for caretaker’s unit, if applicable.

Special Uses Recycling centers, service yards 1 space for each 300 s.f. of gross building area,

plus 1 space for every 1,000 s.f. of gross yard area. Outdoor markets, swap meets 1 space for each 200 s.f. of gross sales area, plus 1

space per vendor space.

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NOTE: A calculated parking requirement resulting in a fractional space shall be rounded up to the nearest whole space.

Policy 2.39: Apply the following parking standards within the Special Commercial Overlay. All premises shall be provided with a minimum of permanently maintained off-street spaces in a parking lot or parking garage, as follows:

(1) Residential units: (a) Studio units: 1.0 parking space per unit. (b) Units containing one bedroom: 1.5 parking spaces per unit. (c) Units containing two or more bedrooms: 2.0 parking spaces per unit.

(2) General commercial, neighborhood commercial, household services, personal services and tourist oriented services: (a) North Cedros Avenue district: One off-street parking space for each 450 square

feet of gross floor area. (b) South Cedros Avenue district: One off-street parking space for each 312 or 298

square feet of gross floor area depending on its inclusion within a mixed use or non-mixed use project, respectively. Projects with mixed use components shall include deed restrictions to ensure adequate parking is maintained due to reduced mixed use parking standards.

(c) Stevens Avenue district: One off-street parking space for each 300 square feet of gross floor area.

(3) Business and professional offices, medical and dental offices, banks, financial institutions, and business services: One off-street parking space for each 300 square feet of gross floor area.

(4) Commercial recreation: (a) Nightclubs: One off-street parking space for each 100 square feet of gross floor

area. (b) Hotels and motels: One off-street parking space for each guest unit, plus one

space for each employee on shift. (c) Theaters: One off-street parking space per four seats, plus five spaces for

employees. (d) Restaurants/cafes: In the South Cedros Avenue district, one off-street parking

space for each 143 or 133 square feet of gross floor area, depending on its inclusion within a mixed use or non-mixed use project, respectively (gfa excludes outdoor seating, eating area approved by the City Council). Projects with mixed use components shall include deed restrictions to ensure adequate parking is maintained due to reduced mixed use parking standards. In the North Cedros Avenue district and the Stevens Avenue district, standard

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restaurant/cafe parking space requirements shall apply (gfa excludes outdoor seating, eating area approved by the City Council).

(5) Manufacturing: (a) Manufacturing and incidental office use areas: One off-street parking space per

400 square feet of gross floor area. (b) Warehouse use areas: One off-street parking space per 1,000 square feet of

gross floor area. No parking shall be permitted in a required front yard. No rooftop parking shall be allowed in the South Cedros Avenue District. (Ord. 346 § 3, 2006; Ord. 185 § 2, 1993) Offsite employee parking within 600 feet of the site/property line secured by a 30 year parking agreement satisfactory to the Community Development Director may be considered as equivalent policy to meet parking requirements listed above. Policy 2.40: The parking requirements for land uses within the Highway 101 Specific Plan area shall be the same as those listed above except for the “Plaza District: of the Specific Plan area. Parking for the Plaza District shall be as noted in the table below:

Highway 101 Specific Plan Plaza District Parking Requirements

Land Use: Parking Rates: Non-Mixed Use: Mixed Use:

Retail/Office: 1 space per 298.51 s.f. 1 space per 312.50 s.f.

Restaurant: 1 space per 133.33 s.f. 1 space per 142.86 s.f. *

Hotel: 0.75 spaces per room 0.75 spaces per room

Residential Multi-Family: 1.25 spaces per dwelling unit

1.25 spaces per dwelling unit

* For restaurant uses in the Plaza District gfa. excludes outdoor seating/eating area approved by the City Council.

In Plaza District the standards are reduced to allow shared parking based on the interaction between the various land uses.

Policy 2.41: Protect and promote existing parking for public coastal access. Off-street parking shall be provided for all new development in accordance with the ordinances contained in the LCP to assure there is adequate public access to coastal resources. A modification in the required parking standards through the variance process shall not be approved unless the City makes findings based on a current, site-specific study that the provision of fewer parking spaces will not result in adverse impacts to public access.

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Policy 2.42: Use a portion of Transient Occupancy Tax (“TOT”) revenues to help support and promote area businesses and sand replenishment/retention programs that will benefit both residents and visitors.

Policy 2.43: Pursue joint use arrangements with public and/or private schools to more efficiently utilize existing recreational facilities and provide additional recreational opportunities for residents and visitors to the City.

Policy 2.44: Seek to acquire additional sites to expand and enhance the City park and recreational system should additional sites become available under favorable circumstances in the future.

Policy 2.45: Encourage donations of land, property, equipment, and money to improve the existing park land system and recreational facilities.

Policy 2.46: Pursue all avenues of funding for recreational land and facilities, such as the Federal Land and Water Conservation Fund matching grants, State Parks Bond, Open Space Bond Act, and Park Land Bond Act funds.

Policy 2.47: Cooperate in implementing the San Dieguito River Valley Regional Open Space Park and its Coast to Crest trail originating at the mouth of the San Dieguito River to ensure that the objectives associated with the establishment of this important regional park are met.

Policy 2.48: Collect and use in-lieu park fees generated by new residential development.

Policy 2.49: Existing bikeway corridors along roads and highways should be upgraded, as feasible, to reduce, minimize or eliminate any potential hazards between motor vehicles and bicycles, consistent with sensitive environmental resource and visual resource protection policies. Improvements to any roadway containing a bikeway should not adversely affect the provision of bicycle use, to the extent feasible.

Policy 2.50: The City shall encourage proposals to install bike racks, lockers, or other devices for securing bicycles in convenient locations at parks, parking lots throughout the City, trailheads and other staging areas. Funding should be supported and provided where available.

Policy 2.51: The appropriate agency or organization to accept and develop trail dedication offers resulting from City issued CDPs shall be determined through coordination, where applicable, with the State Department of Parks and Recreation, the San Elijo Lagoon Conservancy, the County of San Diego, and nonprofit land trusts or associations.

Policy 2.52: Trail areas that have been degraded through overuse or lack of maintenance should be restored by such techniques as re-vegetation with native, non-invasive, salt-tolerant, drought tolerant, and fire resistant plants. Provision of support facilities such as parking, trash receptacles, restrooms, picnic areas shall also be

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encouraged. In ESHA a limited recovery period during which public access should be controlled may be necessary. Any limitation on access shall be for the minimum period necessary, shall be evaluated periodically to determine the need for continued limited use and shall require a Coastal Development Permit.

2. California Coastal Rail Trail and California Coastal Trail Policy 2.53: The Coastal Rail Trail and the California Coastal Trail identified in Exhibit 2-1 is defined as a continuous trail system traversing the length of the state’s coastline and designed and sited as a continuous lateral trail traversing the length of the City and connecting with contiguous trail links in Encinitas and Del Mar.

Policy 2.54: Safe and accessible bikeways and support facilities should be provided, where feasible, along the Coastal Rail Trail in the City.

Policy 2.55: The Coastal Rail Trail shall be promoted for its encouragement of the following objectives:

• Provide a continuous walking, biking and hiking trail as close to the ocean as possible;

• Provide maximum access for a variety of non-motorized uses by utilizing alternative trail segments where feasible;

• Maximize connections to existing and proposed local trail systems;

• Ensure that all segments of the trail have vertical access connections at reasonable intervals;

• Maximize ocean views and scenic coastal vistas; and,

• Provide an educational experience where feasible through interpretive facilities.

3. Coastal Access Policy 2.56: Maintain and, to the extent feasible, improve existing public vertical access points and provide any new public vertical access and new public vista points as determined necessary and feasible based on demand, safety, availability, and the cost to acquire, and maintain. Monitoring, maintenance and repair of existing public access points will be conducted by the City on an as needed basis.

Policy 2.57: Provide increased opportunities for disabled persons to access the shoreline where practical. Generally, this should include enhancement of disabled parking at existing accessible locations.

Policy 2.58: Erosion of the bluffs should be minimized by constructing and maintaining additional barriers to discourage any access to bluff faces and on private developments including condominium projects (with enforcement on private lands to be self-policing) by the use of barriers such as low fences or railings which should be sensitively designed to

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discourage foot traffic onto the bluff face without obscuring views and vistas. In addition, no new private walking paths shall be permitted on the coastal bluff face.

Policy 2.59: Ensure that public access-ways meet consistent design standards Citywide.

Policy 2.60: No new private beach stairways shall be constructed, and private beach stairways shall be phased out at the end of the economic life of the stairways. Existing permitted or private beach stairways constructed prior to the Coastal Act may be maintained in good condition with a CDP where required, but shall not be expanded in size or function. Routine repair and maintenance shall not include the replacement of the stairway or any significant portion of greater than 50% of the stairway cumulatively over time from the date of LUP certification.

Policy 2.60.5: Upon application for a coastal development permit for the replacement of a private beach stairway or replacement of greater than 50% thereof, private beach accessways shall be converted to public accessways where feasible and where public access can reasonably be provided. The condition to convert the private stairway to a public stairway shall only be applied where all or a portion of the stairway utilizes public land, private land subject to a public access deed restriction or private land subject to a public access easement.

Policy 2.61: To the extent feasible, provide continuous safe public lateral access along the beach.

Policy 2.62: Encourage the removal of existing impediments to public lateral access along the beach.

Policy 2.63: Minimize the placement of bluff retention devices seaward of the bluff drip line to help maintain public lateral access along the beach.

Policy 2.64: The City should work with local surfing clubs to identify, inventory, and design an ongoing monitoring program documenting changes to the City’s important and valued surfing and wave-riding areas, including (north to south): (1) Table Tops Reef offshore at the foot of Ocean Avenue, accessed from South Cardiff State Beach and Tide Park public access; (2) Tide Park beach break; (3) Fletcher Cove or “Pillbox;” (4) Seascape Sur or “Cherry Hill,” with access from the Del Mar Shores Terrace public stairs; and (5) Rockpile with access from the Del Mar Shores Terrace stairway.

Policy 2.65: Recognize that recreational demands for a safe, sandy beach, for surfing, and for other beach related recreational activities are very high and projected to continue to increase.

Policy 2.66: Manage the location and planning of publicly owned bluff property development and public works to maintain and, when feasible, enhance access to the coast and support coastal-dependent uses, while maintaining environmental quality.

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Policy 2.67: Consistent with the policies below, maximum public access from the nearest public roadway to the shoreline and along the shoreline shall be provided in new development. Exceptions may occur only where (1) it is inconsistent with public safety or the protection of fragile coastal resources; or where (2) adequate access exists nearby. Lateral access is defined as an access-way that provides for public access and use along the shoreline. Vertical access is defined as an access-way which extends to the shoreline, or perpendicular to the shoreline in order to provide access from the first public road to the shoreline.

Policy 2.68: Facilities to complement public access to, and along the shoreline should be provided where feasible and appropriate. This may include parking areas, restroom facilities, picnic tables, or other such improvements. No facilities or amenities, including, but not limited to those referenced above, may be required as a prerequisite to the approval of any lateral or vertical access-ways offers to dedicate or as a precondition to the approval or construction of said access-ways.

Policy 2.69: New development along the Highway 101/Pacific Coast Highway may be required to construct a public sidewalk with a minimum width of five feet between the approved development and Pacific Coast Highway, where feasible and desired by the City.

Policy 2.70: For any project where the LCP requires an offer to dedicate an easement for a trail or for public beach access, a grant of easement may be recorded instead of an offer to dedicate an easement, if a government agency or private association is willing to accept the grant of easement and is willing to operate and maintain the trail or public beach access-ways.

Policy 2.71: For all offers to dedicate an easement that are required as conditions of CDPs approved by the City, the City has the authority to approve a private association that seeks to accept the offer. Any government agency may accept an offer to dedicate an easement if the agency is willing to operate and maintain the easement. The City may approve any private association that submits a management plan that indicates that the association will open, operate, and maintain the easement in accordance with terms of the recorded offer to dedicate the easement.

Policy 2.72: Dedicated access-ways should not be required to be opened to public use until a public agency or private association agrees to accept the responsibility for maintenance and operation of the access-ways. New offers to dedicate public access should include an interim deed restriction that (1) states that the terms and conditions of the permit do not authorize any interference with prescriptive rights in the areas subject to the easement prior to acceptance of the offer and (2) prohibits any development or obstruction in the access-ways prior to acceptance of the offer of dedication.

Policy 2.73: Public access-ways and trails to the shoreline and public parklands shall be a permitted use in all land use and zoning designations. Where there is a future offer to dedicate, easement, or deed restriction for lateral, vertical or trail access or related

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support facilities e.g. parking, the City shall encourage the construction of necessary access improvements to allow the access-ways to be opened and operated for its intended public use.

Policy 2.74: Offers to dedicate public access may be accepted for the express purpose of opening, operating, and maintaining the access-ways for public use. Unless there are unusual circumstances, the access-ways shall be opened within five years of acceptance. If the access-way is not opened within this period, and if another public agency or qualified private association expressly requests ownership of the easement in order to open it to the public, the easement holder shall transfer the easement to that entity within six months of the written request. A CDP that includes an offer to dedicate public access as a term or condition shall require the recorded offer to dedicate to include the requirement that the easement holder may transfer the easement to another public agency or private association that requests such transfer, if the easement holder has not opened the access-ways to the public within five years of accepting the offer.

Policy 2.75: Public agencies and private associations which may be appropriate to accept offers of dedication include, but should not be limited to, the State Coastal Conservancy, the State Department of Parks and Recreation, the State Lands Commission, the County, the City, and non-governmental organizations.

Policy 2.76: Efforts to ensure that all existing shoreline and inland trail offers to dedicate easements are accepted prior to their expiration date shall be coordinated with other public agencies as appropriate.

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